Originally Posted by
angryrat
I don’t understand what you are getting at. Forget leave accumulation for the moment. Let’s just focus on using your method and using the agreement.
Using your method, you are saying that you won’t get paid the 3 months notice and will get paid 3 months pay. You divided that into 2 lots of 13, I’m ok with that.
Now the agreement say “at least 3 months notice”. So the notice period that you spoke of(13 weeks) is at least. So the company can increase the notice period to whatever they like and use the 15.10.5 to work out your redundancy entitlement. The minimum is 4 weeks, so how about we use an example of a pilot who is only entitled to 4 weeks.
So using your interpretation of the agreement where you believe the notice period doesn’t need to be paid out, what is stopping the company from increasing the notice period to 22 weeks and paying the minimum of 4 weeks? Using your interpretation, nothing.
I don’t agree with your interpretation of the agreement. To me, it’s clear, it’s a minimum of 26 weeks.
You’re quite right. I was assuming the company giving the minimum notice period. If they choose to extend the notice period then they can reduce the payment.
I accept that this isn’t the intention of 15.10.4 but I don’t think there is anything stopping the company giving someone notice while they are on stand down, thereby avoiding paying them for that notice period.
The company has shown that they are willing to withhold entitlements to save a dollar. Look at the poor people who were on long term sick leave.